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A10093 Summary:

BILL NOA10093
 
SAME ASSAME AS S07771
 
SPONSORFahy
 
COSPNSRSantabarbara
 
MLTSPNSR
 
Add 137, Civ Serv L
 
Provides a pension benefit parity payment to certain retirees from a state management/confidential position.
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A10093 Actions:

BILL NOA10093
 
03/14/2018referred to governmental employees
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A10093 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10093
 
SPONSOR: Fahy
  TITLE OF BILL: An act to amend the civil service law, in relation to establishing a retiree parity payment for certain employees who served in a position or positions in the classified service of the state desig- nated managerial or confidential   PURPOSE OR GENERAL IDEA OF BILL: This bill provides certain employees designated managerial or confiden- tial to receive a rebate payment for salary increases that were author- ized, yet ultimately withheld by New York State.   SUMMARY OF PROVISIONS: This bill amends the civil service law by adding a new section 137 to provide a rebate payment to certain employees designated managerial or confidential and retired between April 1, 2009 and March 31, 2017. For those employees that retired between April 1, 2009 and March 31, 2015 and had an authorized salary increase that was withheld, the employee shall receive a monthly rebate of $70 for each month such increase was withheld, which shall not exceed $5,000 per employee. For those employees that retired between April 1, 2015 and March 31, 2017 and had an authorized salary increase that was withheld, the employee shall receive a rebate of $5,000 less any salary increases received during that time period.   JUSTIFICATION: During the 2008 recession, management confidential employees (M/Cs) had their authorized salary increases withheld by the state in an effort to reduce expenditures. While many M/Cs ultimately received their withheld pay raises, thousands of M/Cs retired during the withheld period" and thus were denied this rightful benefit. This measure provides a rebate to those management confidential employees that retired after having salary increases with- held for 2009 and/or 2010. New York saved over $450,000 million in sala- ries and fringe benefits from the withholding of salary increases for 2019 and 2010. No more than 4,000 eligible retirees are expected to take advantage of this rebate. While this measure does not wholly recover those lost wages, it is only fair to restore some of the lost value of the withheld salaries.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: For the 4/1/2009-3/31/2015 period the NYS Division of the Budget utilized an average M/C annual salary of $72,000. Using data and service records from New York State and Local Employees Retirement System there were 2608 M/C retirees whose salary restoration through this proposal would cost approximately $6.5 million. The total cost for this proposal is estimated at $9 million.   EFFECTIVE DATE: Immediately
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A10093 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10093
 
                   IN ASSEMBLY
 
                                     March 14, 2018
                                       ___________
 
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to amend the civil service law, in  relation  to  establishing  a
          retiree  parity payment for certain employees who served in a position
          or positions in the classified service of the state designated manage-
          rial or confidential

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  civil service law is amended by adding a new section
     2  137 to read as follows:
     3    § 137. Management/confidential retiree parity payment.  1.    Notwith-
     4  standing  any  provision of law, rule or regulation to the contrary, any
     5  retiree who served in a position or positions in the classified  service
     6  of  the  state designated managerial or confidential pursuant to article
     7  fourteen of this chapter and who retired between April first, two  thou-
     8  sand nine and March thirty-first, two thousand fifteen, and had a salary
     9  increase  authorized under chapter ten of the laws of two thousand eight
    10  which was withheld for state fiscal years two thousand nine  and/or  two
    11  thousand  ten  shall  receive  a seventy dollar rebate payment for every
    12  month of withholding from April first,  two  thousand  nine  until  such
    13  retiree's  date  of  retirement  or  March  thirty-first,  two  thousand
    14  fifteen, whichever is earlier, not to exceed a total  of  five  thousand
    15  dollars.  The  comptroller shall certify to the division of the budget a
    16  listing of all such retirees deemed eligible pursuant to  this  subdivi-
    17  sion.
    18    2.  Notwithstanding  any  provision  of law, rule or regulation to the
    19  contrary, any retiree who served in a position or positions in the clas-
    20  sified service of the state designated managerial or confidential pursu-
    21  ant to article fourteen of this chapter and who  retired  between  April
    22  first,  two  thousand fifteen and June thirtieth, two thousand seventeen
    23  and had a salary increase authorized under chapter ten of  the  laws  of
    24  two  thousand  eight which was withheld for state fiscal years two thou-
    25  sand nine and/or two thousand ten shall receive  five  thousand  dollars
    26  less  the  parity  salary  increases  received during the specified time
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14823-01-8

        A. 10093                            2

     1  period. The comptroller shall certify to the division of  the  budget  a
     2  listing  of  all such retirees deemed eligible pursuant to this subdivi-
     3  sion.
     4    § 2. This act shall take effect immediately.
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